Research on the System of Sentencing Recommendation
|Keywords||Fairness in Sentence Procedural Justice Sentencing Recommendation Power ofPublic Prosecution|
“The guidance of people’s procurator to carry out the work of sentencingrecommendation” which was issued on February23in2010by the Supreme People’sProcuratorate and “The views of several issues on regulating the sentencing process” whichwas issued on September13in2010by the Supreme People’s Court, the Supreme People’sProcuratorate, the Ministry of Public Security, the Ministry of State Security and the Ministryof Justice were promulgated which marks the sentencing recommendation system has beenpreliminarily established in China, the work of sentencing recommendation has implementedby comprehensive way in the country. Although in recent years about the sentencingrecommendation system there have many research results and trial implementation experience,at present the sentencing recommendation system itself and operation mechanism that existsome problems to be solved. This article starts from the basic theory by using the method ofcomparative research, study the mature practice and valuable experience of other countries,combined with case of our state sentencing recommendation system. Finally ameliorate ourcountry operating mechanism to sentencing recommendation, so that make sentencingrecommendation system standardize the sentencing activities.Firstly I study the foundation concept of sentencing recommendation system, define theconcept of sentencing recommendation, and analyze the effect of sentencingrecommendations. And then study the properties of sentencing recommendation powerincluding the comparative studies with some related power. Finally, I discuss the value of thesentencing recommendation system to rich the theory of sentencing recommendation system.Then I am to use comparative study approach to research the sentencing recommendationsystem, by studying these extraterritorial sentencing recommendation system theory andpractice to inspire to our sentencing recommendation system. I analyze the status quo ofChina’s sentencing recommendation system. Mainly in three aspects: First I discuss therational basis of setting up sentencing recommendation system, it can provide legal andrationality supports to the establishment of sentencing recommendation system; the secondaspect I analyze our current legislation provisions about the People’s Procuratorate ofsentencing recommendation work; the third aspect I study on the practice of the specificoperation about China’s sentencing recommendation system, point out the existence of defects,this is also the problem my research will give the answer. Finally I focus to improve ouroperational mechanism of sentencing recommendation system, begin with solve the reality ofthe problems and improve sentencing recommendation system itself. And then according tothe normal operation of the entire litigation system needs various parts of the principle ofmutual cooperation, I propose some measures about improving operation of the sentencingrecommendation system.